Transportation Law › Constitutional Law

Marvin M. Brandt Revocable Trust v. United States

Brief Amicus Curiae of Owners' Counsel of America in Support of Petitioners

This is the brief of Owners' Counsel of America supporting the petitioners in Brandt v. United States. That case involves an abandoned rail line in Wyoming, but this case has nationwide implications. The issue before the...more

TABOR FOUNDATION v. COLORADO BRIDGE ENTERPRISE, et al.

REPLY IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Defendants do not dispute that the bridge safety surcharge is a mandatory charge, assessed against TABOR Foundation members without regard to any benefits actually conferred. Nor do Defendants raise any material dispute as to...more

TABOR FOUNDATION v. COLORADO BRIDGE ENTERPRISE, et al.

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

The Colorado Bridge Enterprise is not a TABOR-exempt business. Colo. Const. art. X, § 20(2)(d). The CBE does not qualify as a TABOR-exempt enterprise because it does not function as self-supporting business and because in...more

Interesting Valuation Dispute in Caltrans Eminent Domain Battle

The California Department of Transportation (Caltrans) and the owner of Silveira Ranch are involved in an interesting valuation dispute stemming from Caltrans' acquisition of part of the ranchland needed for Highway 101...more

Eminent Domain to Be Used for I-80 and I-680 Interchange

California continues to move forward with more infrastructure improvement projects. According to an article in the Daily Republic, Agency starts eminent domain proceedings for I-80/680 project, the Solano Transportation...more

Spirit Airlines v. U.S. Dep’t of Transportation

Brief Of Amici Curiae CATO Institute And The National Federation Of Independent Business Small Business Legal Center In Support...

It is axiomatic that the freedom of speech is vitally important to our democratic society and that being able to criticize the government is at the core of this freedom. Yet government officials are constantly inventing new...more

Developer Selected for TxDOT's IH 35E Managed Lanes Design-Build Project

On December 13, 2012, the Texas Transportation Commission conditionally awarded the design-build and capital maintenance agreements for the IH 35E Managed Lanes Project to AGL Constructors, a joint venture comprised of Archer...more

Condemnation Changed (Permanently?) In Virginia

On November 6, Virginia voted by a nearly 3-1 margin to amend the state constitution and drastically change eminent domain law. The constitutional amendment may ultimately be the source of quite a few unintended consequences...more

New York Publishes MTA Payroll Tax Protective Refund Claim Procedures

Refund claims for employers should be filed on or before November 2, 2012. On October 17, the New York State Department of Taxation and Finance (Department) published guidance regarding the procedures for taxpayers to...more

Potential Refund Claims: New York MTA Payroll Tax Held Unconstitutional

Taxpayers should act now to protect refund claims based on the New York Supreme Court's recent determination that the MTA Payroll Tax is unconstitutional. On August 22, the New York State Supreme Court held that the New...more

TABOR Foundation v. Colorado Bridge Enterprise

Complaint

Plaintiff seeks enforcement of the Taxpayer’s Bill of Rights of the Colorado Constitution (“TABOR”). Colo. Const. art. X, § 20. TABOR requires a vote of the people before the State or any local...more

Legislature Meets First Committee Deadline

The Minnesota Legislature had a busy week at the Capitol, working to meet their first deadline. The deadline for committees to act favorably on bills in the house of origin is midnight on Friday. Committees must act favorably...more

Supreme Court Revises Test to Establish Common Carrier Status in Condemnation Cases

On March 2, 2012, the Texas Supreme Court revised its opinion in the controversial case, Texas Rice Land Partners, Ltd. v. Denbury Green Pipelne-Texas, LLC. In its original decision, the Supreme Court held that merely filing...more

Pro-Passenger STRIP Act Tells TSA “Don’t Touch My Junk”

In December of last year, Rep. Marsha Blackburn of Tennessee introduced to Congress the Stop TSA’s Reach in Policy Act, or the STRIP Act. The proposed legislation would prohibit any Transportation Security Administration...more

Backlash Against TSA for Strip-Searching an 85-Year Old Grandmother

The alleged strip search of an 85-year-old grandmother by a Transportation Security Administration officer has prompted the introduction of a bill to deprive TSA employees of their rank and uniform. The elderly victim,...more

Determining the Scope of the Resolution of Necessity in Eminent Domain Actions

Before a public agency can exercise the power of eminent domain, it must adopt a resolution of necessity making certain findings in support of the taking of property. The resolution defines the scope of the agency's...more

New Virginia Supreme Court Opinions Affecting Virginia Local Government Law – November 4, 2011

The Virginia Supreme Court issued new opinions today. Two opinions relate to Virginia local government or laws applied by Virginia local governments. One opinion involves a Virginia local government (Montgomery County)...more

October 18, 2011 - The Federal Crimes Watch Daily

The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....more

Ordinary and Extraordinary uses of the public highways and roads

In the United States of America, the public highways and roads can be used for ordinary (private) and extraordinary (special) purposes with a motor vehicle. One who is using the public highways and roads with a...more

Supreme Court Rejects Railroad Commission Approval of Common Carrier Status in Condemnation Cases

On August 26, 2011, the Texas Supreme Court reversed and remanded a decision by the Ninth Court of Appeals to affirm the common carrier status and the eminent domain authority of a carbon dioxide (CO2) pipeline company,...more

Statutory Exemption Not Waived by Conducting EIR; Can be Invoked Even After Litigation Commences

In this case, the Court of Appeal for the Fourth District held that a city may defend itself against a California Environmental Quality Act challenge by invoking a statutory exemption even if the city has prepared an EIR for...more

New York Auto Accident Lawyer David Perecman Supports Ambitious Campaign to Reduce Traffic Casualties

New York auto accident lawyer David Perecman gives his support to a new initiative to prevent traffic fatalities and auto accidents in New York City. Transportation Alternatives, in partnership with the Drum Major...more

Ernest Ybanez v. United States

Liablity ruling in favor of rails-to-trails landowners

The Court of Federal Claims has issued another ruling in favor of rails-to-trails reversionary interest landowners. The takings issue in the rails-to-trails context arise when the federal Surface Transportation Board issues...more

Getting a Passport as a citizen of a State under Article IV, Section 2, Clause 1 of the Constitution of the United States of...

There are two provisions that relate to getting a passport in the United States (of America). The first provision deals with citizenship. The second concerns identity. This article deals with the first. 22...more

GCIA v. Gallenthin Realty Development, Inc.

Public Use Abuse Brief of Landowner Defendant Gallenthin

The Bill of Rights, which consists of the first ten amendments to the United States Constitution, was designed to guarantee the basic principles of individual liberty by limiting the power of the federal government and...more